Abstract [eng] |
In this master thesis is examined the contract of financial leasing. In this thesis is analized the conception, the legal nature of financial leasing in the doctrine, lithuanian legal acts, lithuanian case – law and in the most nowdays relevant international legal acts which are drafted by The International Institute for the Unification of Private Law: Unidroit Convention on International Financial Leasing (1988, Ottawa) and The model law on leasing (2008, Rome). Moreover there are determined the types of leasing, the forms of their performance. In this thesis are in detail analized the most often occoured types of financial leasing in practise. The specific features of financial leasing are discussed and distinguished: there are identified the parties, the object, the rights and obligations, arising between the parties of the financial leasing also the aspects of civil legal liability which arise from this contract. During the analization of the content of financial leasing legal relationship are identified the specific features of this contract. These features are analized in the doctrine, Lithuanian legal case-law. Also the special features of financial leasing are analized in the lithuanian legal model of financial leasing, in the Unidroit Convention on International Financial Leasing and in The model law on leasing. By the identified specific features of financial leasing the financial leasing is delimited from other similiar civil institutes: lease, sale – purchase, hire – purchase, crediting, loan. At the end of the master thesis are presented the conclusions and suggestions, recommendations. |